“Class Action Judgment Declares Regulation Discriminatory towards Students with Disabilities in Austrian Federal Schools”

Class action judgment confirms that the existing regulation is discriminatory

Vienna (OTS) – According to a circular from the Ministry of Education, only students with a physical disability from care allowance level 5 (in exceptional cases from level 3) receive personal assistance when attending a federal school.

All other children with disabilities – such as sensory disabilities or psychosocial disabilities as well as physical disabilities that result in a lower level of care – do not receive personal assistance and are therefore excluded from equal access to education.

Since this discriminatory situation has not improved in recent years, despite massive criticism of the circular from the interest groups for people with disabilities, the Litigation Association filed a class action lawsuit in 2021.

The judgment of the first instance that is now available clearly states that personal assistance must be available to all children and young people with disabilities and that the previous regulation is therefore discriminatory.

„We call on the Minister of Education to react immediately to the ruling and to revise the circular as soon as possible so that all children and young people with disabilities who need personal assistance can also get it to attend federal schools“, explains Klaus Widl, President of the Austrian Council for Disabled Persons.

Questions & contact:

Mag. Kerstin Huber-Eibl, Tel. 0660 92 47 236, e-mail: k.huber-eibl@behindertenrat.at